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King v. Barrios

Plaintiff properly served the non-resident defendant within the applicable statute of limitation under Georgia's Long Arm Statute.

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On September 27, 2001, Dian King sued Rafael Barrios for personal injuries arising out of an automobile collision that occurred on November 4, 1999. It is undisputed that at the time of the collision, and at all times subsequent thereto, Barrios resided in Pennsylvania. King attempted service on Barrios under both the Georgia Non-Resident Motorist Act “NRMA”, OCGA § 40-12-1 and 40-12-2, and under the Georgia Long Arm Statute, OCGA § 9-10-94. Both parties agree that service was never perfected under the NRMA; however, on October 16, 2001, within the applicable statute of limitations, Barrios was personally served in Pennsylvania under the Long Arm Statute.

Barrios filed a timely answer asserting defenses of lack of personal jurisdiction, improper venue, and insufficiency of service of process. On December 21, 2001, Barrios filed a motion to dismiss asserting that the statute of limitations had expired, that he had not been served properly under the NRMA, and that the NRMA was the exclusive means of obtaining proper service over a defendant, who was never a resident of Georgia and was involved in an automobile collision within the state. The trial court granted Barrios’ motion, and King appeals. In three enumerations of error, King asserts that the trial court erred in granting Barrios’ motion to dismiss. We agree.

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